Bill C-19
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45 ELIZABETH II |
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CHAPTER 17 |
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An Act to implement the Agreement on
Internal Trade
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[Assented to 20th June, 1996]
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| Preamble
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WHEREAS the Government of Canada
together with the Governments of
Newfoundland, Nova Scotia, Prince Edward
Island, New Brunswick, Quebec, Ontario,
Manitoba, Saskatchewan, Alberta, British
Columbia, the Northwest Territories and the
Yukon Territory have entered into an
Agreement on Internal Trade;
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AND WHEREAS the reduction or
elimination of barriers to the free movement
of persons, goods, services and investments is
essential for the promotion of an open,
efficient and stable domestic market to
enhance the competitiveness of Canadian
business and sustainable development;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Agreement
on Internal Trade Implementation Act.
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INTERPRETATION |
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| Definitions
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2. In this Act,
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| ``Agreement'' « Accord »
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``Agreement'' means the Agreement on
Internal Trade signed in 1994 and published
in Part I of the Canada Gazette;
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| ``Minister'' « ministre »
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``Minister'', in respect of any provision of this
Act, means the member of the Queen's
Privy Council for Canada designated as the
Minister for the purposes of that provision
under section 8.
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PURPOSE |
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| Purpose
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3. The purpose of this Act is to implement
the Agreement.
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HER MAJESTY |
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| Binding on
Her Majesty
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4. This Act is binding on Her Majesty in
right of Canada.
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GENERAL |
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| Prohibition of
private cause
of action
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5. (1) There is no cause of action and no
proceedings of any kind shall be taken,
without the consent of the Attorney General of
Canada, to enforce or determine any right or
obligation that is claimed or arises solely
under or by virtue of section 9 or 11, or an
order made under section 9.
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| Where private
cause of
action under
Agreement
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(2) Except to the extent provided in Part B
of Chapter Seventeen of the Agreement, there
is no cause of action and no proceedings of any
kind shall be taken, without the consent of the
Attorney General of Canada, to enforce or
determine any right or obligation that is
claimed or arises solely under or by virtue of
the Agreement.
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| For greater
certainty
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6. For greater certainty, nothing in this Act,
by specific mention or omission, limits in any
manner the right of Parliament to enact
legislation to implement any provision of the
Agreement or fulfil any of the obligations of
the Government of Canada under the
Agreement.
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IMPLEMENTATION OF THE AGREEMENT GENERALLY |
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Approval of Agreement |
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| Agreement
approved
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7. The Agreement is hereby approved.
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Designation of Minister |
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| Order
designating
Minister
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8. The Governor in Council may, by order,
designate any member of the Queen's Privy
Council for Canada as the Minister for the
purposes of any provision of this Act.
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Orders |
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| Orders
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9. (1) For the purpose of suspending
benefits or imposing retaliatory measures of
equivalent effect against a province pursuant
to Article 1710 of the Agreement, the
Governor in Council may, by order, do any one
or more of the following:
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| Definition of
``federal law''
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(2) In this section, ``federal law'' means the
whole or any portion of any Act of Parliament
or any regulation, order or other instrument
issued, made or established in the exercise of
a power conferred by or under an Act of
Parliament.
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| Order subject
to Chapter 17
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(3) For greater certainty, the making of an
order under subsection (1) shall be in
accordance with and subject to Chapter 17 of
the Agreement, in particular,
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Committee on Internal Trade |
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| Appointment
of represen- tative
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10. The Governor in Council may appoint
a Minister to be a representative on the
Committee on Internal Trade established
pursuant to Article 1600 of the Agreement.
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| Annual
budget
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11. The Government of Canada shall pay its
portion of the annual budget of the Secretariat
referred to in Article 1603 of the Agreement,
in accordance with Annex 1603.3 of the
Agreement.
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Panels and Committees |
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| Roster of
panellists
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12. The Governor in Council may appoint
any person to be on the roster of panellists
required by Article 1705 of the Agreement.
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| Representa- tives on committees
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13. The Minister may appoint any person to
be a representative of Canada on any
committee referred to in the Agreement, other
than the Committee on Internal Trade referred
to in section 10.
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Appointments |
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| Appoint- ments
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14. (1) The Governor in Council may, by
order, appoint any person to fill any position
that may be necessary or advisable, in the
opinion of the Governor in Council, for
carrying out the purposes of the Agreement.
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| Remunera- tion
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(2) A person appointed under subsection (1)
may be paid such remuneration and expenses
for their services as are fixed by the Governor
in Council.
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RELATED AND CONSEQUENTIAL AMENDMENTS |
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| R.S., c. C-50;
1990, c. 8, s.
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Crown Liability and Proceedings Act |
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15. Section 28 of the Crown Liability and
Proceedings Act is amended by adding the
following after subsection (2):
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| Proceedings
include
Agreement on
Internal Trade
proceedings
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(3) For greater certainty, a proceeding
referred to in subsection (1) shall include
proceedings initiated or conducted under
Article 1705 or 1717 of the Agreement as
defined in section 2 of the Agreement on
Internal Trade Implementation Act.
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| R.S., c. F-11
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Financial Administration Act |
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16. The Financial Administration Act is
amended by adding the following before the
heading ``Restricted Transactions'' before
section 90:
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Implementation of Agreement on Internal
Trade
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| Directive
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89.3 Notwithstanding subsection 85(1), the
Governor in Council may give a directive
pursuant to subsection 89(1) to any parent
Crown corporation for the purpose of
implementing any provision of the Agreement
as that term is defined in section 2 of the
Agreement on Internal Trade Implementation
Act that pertains to that Crown corporation.
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| R.S., c. I-15
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Interest Act |
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17. Section 4 of the Interest Act is replaced
by the following:
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| When annual
rate not
stipulated
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4. (1) Except as to mortgages on real
property, whenever any interest is, by the
terms of any written or printed contract,
whether under seal or not, made payable at a
rate or percentage per day, week, month, or
any rate or percentage for any period less than
a year, no interest exceeding the rate or
percentage prescribed by regulation shall be
chargeable, payable or recoverable on any
part of the principal money unless the contract
contains an express statement of the yearly
rate or percentage of interest to which the
other rate or percentage is equivalent,
calculated in accordance with the regulations.
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| Regulations
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(2) The Governor in Council may make
regulations for the purposes of subsection (1).
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18. Section 6 of the Act is replaced by the
following:
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| Interest
recoverable in
certain cases
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6. (1) Whenever any principal money or
interest secured by mortgage on real property
is, by the mortgage, made payable on a sinking
fund plan, on any plan under which the
payments of principal money and interest are
blended, on any plan that involves an
allowance of interest on stipulated payments
or on any fund or plan described in the
regulations, no interest whatever shall be
chargeable, payable or recoverable on any
part of the principal money advanced unless
the mortgage contains an express statement
showing the amount of the principal money
and the rate of interest chargeable on that
money, calculated in accordance with the
regulations.
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| Regulations
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(2) The Governor in Council may make
regulations for the purposes of subsection (1).
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| R.S., c. 29
(3rd Supp.)
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Motor Vehicle Transport Act, 1987 |
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| 1992, c. 1, s.
143(1), Sch.
VI, item 18(E)
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19. Part III of the Motor Vehicle Transport
Act, 1987 is repealed.
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COMING INTO FORCE |
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| Coming into
force
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20. This Act or any provision thereof, or
any provision of any Act as enacted by this
Act, comes into force on a day or days to be
fixed by order of the Governor in Council.
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